Home  >  Ohio  >  OH: Obama voter fraud in TX would be felony in Ohio

OH: Obama voter fraud in TX would be felony in Ohio

By   /   October 10, 2012  /   News  /   9 Comments

Part 16 of 25 in the series Voter Fraud

By Jon Cassidy  | Ohio Watchdog


Video that shows Obama volunteers in Texas and New Jersey helping undercover reporters register to vote in more than one state would clearly violate Ohio law, too.

The video seems to show a staff person in the Houston office of Organizing for America office helping an undercover journalist register to vote for Barack Obama in Florida despite the reporter’s expressed intention to vote twice in the hotly contested presidential race.


“The provisions of Ohio Revised Code Section 3599.11 expressly make it a felony to either register to vote by use of a false statement or to induce another person to register to vote by means of a false statement(s),” said William M. Todd, an elections lawyer in Columbus. “One of the critical elements of being a qualified voter in Ohio is to be a resident of this state. Accordingly, the type of scenario in the snippet below, if it occurred in Ohio would violate Ohio law.”

Mark Weaver, a former deputy attorney general for Ohio who teaches elections law at the University of Akron, said, “As a general rule, someone who knowingly assists another in the commission of a crime can be prosecuted for acting as an accessory or conspiracy.”

Independent journalist James O’Keefe is best known for a video in which he gets advice on setting up an underage whorehouse from employees of the community organization group ACORN, and another that led to the resignations of National Public Radio’s president and a top fundraiser.

One new video produced by O’Keefe’s Project Veritas shows Democratic activists in New York helping register an undercover reporter who says he’s going to vote twice — in Minnesota and in New York.

But the most arresting footage shows an Organizing for America staffer in the group’s Houston office providing a video journalist with an application to request a Florida mail-in ballot, even though the journalist has made it clear she intends also to vote in Texas.

O’Keefe, whose Project Veritas organization produced the video, identified the OFA staffer as Stephanie Caballero. Documents reviewed by Watchdog.org, and included in the video, indicate that Caballero is on the payroll of the Democratic National Committee.

When the undercover reporter declares that she intends to vote twice in the general election, Caballero laughs. She asks the reporter, “Are you going to do what I think you’re going to do?”

“Well,” the reporter replies, “I mean, if no one’s going to know . . . .”

Caballero laughs and replies, “You’re so hilarious.”

“I have several friends who have done that and they said that it’s no problem so I figure . . . no one knows,” the undercover reporter says.

In response, the campaign worker seems to suggest that the legal problem of voting in two states is less important than the practical problem of what to say if you’re caught voting twice: “Come up with like, if anyone checks, say, ‘I don’t know.’”

“You can’t vote twice in a federal election,” said J. Christian Adams, a former Justice Department elections lawyer and author of “Injustice,” a best-selling novel about voter fraud. “Obviously, this Stephanie Caballero doesn’t find it as offensive as I do that someone may be planning to vote twice.”

Specifically, Adams said, voting twice violates 42 U.S.C. 1973i (e), which states that anyone who “conspires with another individual for the purpose of encouraging his false registration to vote… shall be fined not more than $10,000 or imprisoned not more than five years.”

O’Keefe’s critics accuse him of selectively editing his tapes. For example, one of those ACORN volunteers was actually playing along in order to go to the police, and one of the fundraiser’s taped comments was in response to an entirely different question than the one on tape.

But Clark Hoyt, the former public editor of The New York Times, watched the uncut ACORN footage and said, “the most damning words match the transcripts and the audio, and do not seem out of context.”

“We’ve always made the raw tapes available,” O’Keefe told Ohio Watchdog. “They’re going to criticize me for selective editing even if nothing is taken out of context.”

On one version of the tape, there’s a 30-second gap during the interaction between the two women at the Houston Organizing for America office.

“There’s nothing in that gap that is of significance,” O’Keefe. He said the cuts were to eliminate dead air and banter.

“We’ll make the raw stuff available,” he said.

Experts agreed that the tape depicted illegal behavior.

“It’s absolutely illegal to help someone double vote,” said Hans von Spakovsky, senior legal fellow at the Heritage Foundation in Washington, D.C. He cited 42 U.S.C. 1973gg-10.

“A lot of people don’t realize that, in addition to everything that everyone knows about the National Voter Registration Act — that it allowed mail-in ballots and registration through vehicle licensing departments — the last part of the statute put in criminal penalties for fraudulent registration,” said von Spakovsky, who had not yet seen the video.

Chief among the crimes outlined in the code, said von Spakovsky, is the requirement that “you can only register someplace where your claim to be a permanent resident. Obviously, you can’t be a resident of two states.”

Helping someone circumvent that law during the registration process? “That would be a violation because you’re submitting fraudulent information in a registration form,” von Spakovsky said.

Von Spakovsky said prosecutors might also charge voter-registration workers in similar situations with more general violations — conspiracy, for instance, and aiding and abetting a criminal act.

Then, too, there’s the fact that cases like those in the O’Keefe video are open to both federal and local prosecution, von Spakovsky said.

“The key is, and this is what you’ll see in the statue, if you double vote with a federal candidate on the ballot, you’ve violated federal law,” von Spakovsky said. “If the same ballot includes local candidates, that’s a violation of state law.”

Von Spakovsky pointed to a fraud case prosecuted locally after the 2008 election. In that incident, he said, “a number of Obama campaign workers were charged in Ohio after it was discovered they were residents of other states sent to Ohio to work on the campaign. They took advantage of easy registration laws there to vote in Ohio, even though they were not residents of state.”

In their book “Who’s counting? How fraudsters and bureaucrats put your vote at risk,” von Spakovsky and co-author John Fund say the Ohio prosecution ended in admissions of guilt by the campaign workers.

Election observers say the problem of double-voting is greater in states like Florida, winter home to visitors with permanent residences in colder parts of the country. One group found cross-referenced voter registration lists between Ohio and Florida to identify voters with matching full names, birth dates, addresses and voting histories.

Catherine Engelbrecht, president of True the Vote, a nonpartisan election-integrity organization, said her group found more than 19,000 Ohio voters claiming Florida mailing addresses. More than 6,390 people held voter registrations in both states.

True The Vote reportedly found 534 individuals casting ballots in federal elections in both Ohio and Florida. Engelbrecht said 34 cases were turned over to federal and state authorities for investigation last week.

Additional reporting by Kenric Ward and Will Swaim.

Part of 25 in the series Voter Fraud
  1. FL: Lopez-Cantera: opponent claiming fraud because he’s ‘unhappy because he lost’
  2. Video: State lawmaker: we must stop ‘absentee ballot fraudsters’
  3. FL: Julien says absentee vote ‘fraudsters’ are ‘trial run to presidential election’
  4. WI: Legal questions remain over GAB’s approval of electronic proof of residency
  5. FL: ACLU acknowledges absentee voter fraud in Sunshine State elections
  6. IA: Suspicious ballots bring out criminal investigators
  7. FL: Vote fraud denier Ted Deutch calls for investigation into voter fraud
  8. FL: Multistate voters emerge amid absentee ballot flurry
  9. IA: Lawmaker wants investigation into secretary of state’s spending
  10. IA: Convicted felons charged with election misconduct
  11. FL: Swing-state magnet for fraudulent double voting
  12. States: Obama voter fraud would be crime here, too
  13. FL: Obama campaign workers silent in face of voter fraud
  14. Video: Undercover investigation finds voter fraud
  15. CO: County clerks wage war with Secretary of State over voting issues
  16. OH: Obama voter fraud in TX would be felony in Ohio
  17. VA: Video: Obama workers enable double-voting across state lines
  18. MT: McCulloch denies voter fraud’s existence, but absentees could be exploited
  19. CO: Dirty voter rolls plague crucial swing state
  20. VA: Group warns of ‘vote harvesting’ at nursing homes
  21. TX: DNC fires staffer in voter registration video flap
  22. FL: Bloated voter rolls show capacity for fraud, say analysts
  23. VA: Latest voter-fraud sting nabs son of long-serving Dem congressman
  24. FL: The all-out battle to fix the Florida elections
  25. CO: Cheaper, cleaner voter rolls! Now available in 7 states!


Kelly Carson was formerly the managing editor of Watchdog.org.

  • Jim

    Yea put this on TV as see if any network will even bother to run it I would bet not!

  • DockyWocky

    This is really serious stuff. You know that all the Democrat party sub-divisions, and nobody is completely sure of how many actually exist, are eagerly passing out absentee ballots and advice on how to vote multiple times for the criminal, Obama.

  • DianaPawelski

    It should be a felony in every state.
    Things that require a valid ID
    1. Driving
    2. Doctor’s office/hospital
    3. Applying for a job
    4. Pharmacy
    5. Bank Transactions
    6. Applying to school
    7. Applying for store credit
    8. Establish a utility account
    9. Purchasing a car
    10. Car registration
    11. Outpatient testing
    12. Medicare/Medicaid
    13. Open a Retirement account
    14. Vote in a union
    15. Donate blood
    16. Buy a firearm
    17. Social Security Services
    18. Pawn Shop
    19. Writing a check
    20. Using a credit card
    21. Buying car insurance
    22. Buying a train ticket
    23. Buying annual tickets to amusement parks
    24. Volunteer at non-profit orgs.
    25. Check out a library book
    26. Applying for a professional license
    27. Buy a house
    28. Apartment rental applications
    29. Buy cigarettes and liquor
    30. Boarding a cruise ship.
    31. Moochelles book signing


  • chopperboy

    Ok..so how many people since the last Presidential election have been prosecuted for voter fraud? If it is such a widespread crime as all these articles seem to state, I would think our courthouses would be full of people being prosecuted for voter fraud. What is the number?

  • The Virginia story was on CNN, it got limited play, about like a traffic accident on the beltway. The legacy media doesn’t want this or any negative narrative told about Osama Hussen. We need to get over it, keep our eyes open, report voter fraud when we see it. Romney needs to put on his big boy pants and win by big enough margin to over come it, and then start prosecuting these folks.

  • To a Marxist, winning is the only right way to win. It’s for the “greater good, ” just like those Mexicans who died because Obama wanted to tag the gun dealers here in the US, and undercut the 2nd Amendment.

  • Well, if we’re talking about fraud. What about corporate business owners that ship jobs overseas to chinese people then turn around and blame poor people in the country for the mess we’re in. I think that’s about as fraudulent as it gets.

    Obama won, get over it ,more people like him. Romney is just not believable, BOTTOM LINE. He is not believable, that is what it comes down to. Obama really isn’t either, but hes more believable than Romney. Romney is too rich, bottom line – he doesn’t connect with most americans because most americans are poor now and don’t care about getting rich because they can’t anymore. The dream is faded, so bringing in a polished white ‘business’ guy with ‘experience’ doesn’t work anymore. They tried it with George Bush and how many trillions of debt did that ‘straight shooter’ get us – we had a budget when he came into office dude , a budget. He left office and left the american people with 10-12 trillion dollars in debt and oil corporations making record profits and you’re trying to talk to me about FRAUDULENT?

    Bottom line, americans don’t believe in that bullshit anymore.

    I knew Obama was going to win from the start and as Romney’s richness came out of every speech expressing just how much he doesn’t connect with average americans people started to realize the sham.

    I don’t care for either of the candidates, but when it comes down to it Obama is more like-able and more people are poor. I guess corporate business owners shouldn’t have fucked over the middle class so much and they’d vote for them. Instead they have to try and lie and manipulate people into voting for them, which doesn’t work anymore.

    Besides, Repubs hold the house seat anyway so it’s pointless anyway, republicans still have all the power they need. They don’t give a shit about a republican president, that’s just a bonus.

  • Guest

    I saw on CNN that John King said ‘Obama won in Pennsylvania because the black people came out and voted in Philadelphia’. How can he say that when there are 83% whites in PA and only 11% in PA so there is something so wrong with this election. In Nevada, Florida etc. I think that the only place someone can complain to is the FBI. Maybe an organization like yours would have some Clout in a tip to the FBI. One person will not cause anyone to care but if many complain they have to investigate. Thanks, deedee